A BILL to amend and reenact §5H-1-1 and §5H-1-2 of the Code of West
Virginia, 1931, as amended, all relating to permitting a death
benefit to the families of law-enforcement officers who die in
the performance their duties.

Be it enacted by the Legislature of West Virginia:

That §5H-1-1 and §5H-1-2 of the Code of West Virginia, 1931,
as amended, all to read as follows:

(a) This article is known as the “West Virginia Fire, and EMS
and Law-Enforcement Officer Survivor Benefit Act.”

(b) It is the intent of the Legislature to provide for the
payment of death benefits to the surviving spouse, designated
beneficiary, children or parents of firefighters, and EMS and law-enforcement personnel killed in the performance of their duties.

§5H-1-2. Death benefit for survivors.

(a) In the event a firefighter, or EMS or law-enforcement
provider is killed in the performance of his or her duties, the
department chief, within thirty days from the date of death shall
submit certification of the death to the Governor’s office.

(b) This act includes both paid and volunteer fire, and EMS
and law-enforcement personnel acting in the performance of his or
her duties of any fire, or EMS or law-enforcement department
certified by the State of West Virginia.

(c) A firefighter, or EMS or law-enforcement provider is
considered to be acting in the performance of his or her duties for
the purposes of this act when he or she is participating in any
role of a fire, or EMS or law-enforcement department function.
This includes training, administration meetings, fire or EMS
incidents, service calls, apparatus, equipment or station
maintenance, fundraisers and travel to or from such functions.

(d) Travel includes riding upon or in any apparatus or vehicle
which is owned or used by the fire, or EMS or law-enforcement
department, or any other vehicle going to or directly returning
from a firefighter’s home, place of business or other place where
he or she shall have been prior to participating in a fire, or EMS
or law-enforcement department function or upon the authorization of
the chief of the department, agency head or other person in charge.

(e) Certification shall include the name of the certified
fire, or EMS or law-enforcement program, the name of the deceased
firefighter, or EMS or law-enforcement provider, the name and
address of the beneficiary and the circumstances that qualify the
deceased individual for death benefits under this act. Upon
receipt of the certification from the certified fire, or EMS or
law-enforcement program, the state shall, from moneys from the
State Treasury, General Fund, pay to the certified fire, or EMS or
law-enforcement program the sum of $50,000 in the name of the
beneficiary of the death benefit. Within five days of receipt of
this sum from the state, the fire, or EMS or law-enforcement
program certified by the state shall pay the sum as a benefit to
the surviving spouse, or designated beneficiary. If there is no
surviving spouse or designated beneficiary, to the minor children
of the firefighter, or EMS or law-enforcement provider killed in
the performance of duty. When no spouse, designated beneficiary,
or minor children survive, the benefit shall be paid to the parent
or parents of the firefighter, or EMS or law-enforcement provider.
It is the responsibility of the certified fire or EMS program to
document the surviving spouse or beneficiary for purposes of
reporting to the Governor’s office.

(f) Any death ruled by a physician to be a result of an injury
sustained during any of the above mentioned performance of fire
department, EMS or law-enforcement duties will be eligible for this
benefit, even if this death occurs at a later time.

(g) Those individuals who are both firefighters and EMS
personnelcovered by this article are eligible for only one death
benefit payment.

NOTE: The purpose of this bill is to permit a $50,000 death
benefit to the families of law-enforcement officers who die while
performing their duties. The bill adds law-enforcement officers to
firefighters and EMS personnel who already qualify for survivor
benefits.

Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.